Estate of Friese v. Ford ( 2023 )

03/10/2023
ORIGINAL
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 23-0152
DA 23-0152
FILED
ESTATE OF GARY JOSEPH FRIESE,
MAR 10 2"23
Bowan Greenwns
Plaintiff, Counter-Defendant and Clerk cf Supreme Court
State of Montana
Appellant,
v. ORDER
MARY ANN FORD,
Defendant, Counter-Plaintiff and
Appellee.
Self-represented Appellant Joseph J. Friese has filed an "Addendum to Estate's
Notice of Appeal" deemed a motion for appointment of counsel. Friese states that he is
currently incarcerated at the Cascade County Detention Center when he filed the Notice of
Appeal and that "he desperately needs assignment of counsel to handle the complicated
nature of that this case has become." He also requests an order from this Court requiring
the production of transcripts "at the [S]tate's expense[.]"
Friese appeals a February 17, 2023 Judgment and Order, issued in the Ninth Judicial
District Court, Pondera County. The District Court had allowed counsel for the Estate of
Gary Joseph Friese (Estate) to withdraw in October 2022, and had granted the underlying
defendant and counter-plaintiff Mary Ann Ford (Ford) summary judgment on her motion.
The court awarded Ford specific real property at issue.
Friese is not entitled to his requests. Under Montana law, no statutory authority
exists to appoint counsel for a party in a civil matter, such as this. See § 46-8-104, MCA.
Friese provides no legal authority to surmount this barrier.
Friese is not entitled to transcripts at state expense. There is no provision in
Montana law that allows transcripts to be provided in a civil matter at no cost to any
appellant. Even though Friese was allowed to proceed without paying the filing fee, this
waiver does not include the costs of paying the court reporter to prepare the transcripts on
appeal. M. R. App. P. 5(5); § 3-5-604, MCA. Moreover, it is not readily apparent from
the order on appeal whether the Pondera County District Court held a hearing during the
proceedings from which a transcript would be produced.
This Court recognizes the burden on litigants of limited means when they must come
up with funds on their own to secure a transcript for appeal. An appellant, however, has
the duty and bears the responsibility to make arrangements to pay the court reporter
preparing the transcripts. M. R. App. P. 8(3) and 9(1). Accordingly,
IT IS ORDERED that Friese's Motion for Appointment of Counsel is DENIED.
IT IS FURTHER ORDERED that Friese's Request for the Production of Transcripts
at the State's Expense is DENIED.
The Clerk of the Supreme Court is directed to provide a copy of this Order to counsel
of record and to Joseph J. Friese along with a copy of this Court's Civil Appellate
Handbook.
TN4r4
DATED this day of March, 2023.
For the Court,
Chief Justice
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